Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

227 Results

Location: Calaveras x
2022.05.20 Motions to Bifurcate, for Summary Judgment 652
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.05.20
Excerpt: ...hose other requests have since been withdrawn, likely based on plaintiffs' representation that the other defendants have reached a settlement.) Summary Judgment The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute. A defendant may prevail on the motion in one of three ways:...
2022.05.20 Motion for Class Certification 062
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.05.20
Excerpt: ... analysis. The motion for class certification is GRANTED in part and DENIED in part. Class Certification Basics A plaintiff advocating for class treatment must establish by admissible evidence an ascertainable and sufficiently numerous class, a well‐defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives. A class is ascertainable when it is defined in terms of obj...
2022.05.20 Demurrer, Motion to Strike 103
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.05.20
Excerpt: ...han eight (8) causes of action and spanning no more than 20 pages. CCP §430.41 In late 2015, Governor Brown signed S.B. 383 into law with the goal of reducing litigation abuses and time‐wasting. While the legislation lacks the teeth necessary to make a serious dent in the litigation issues it sought to eradicate (see Dumas v. Los Angeles County Board of Supervisors (2020) 45 Cal.App.5th 348 at 355, and Olson v. Hornbrook Community Services Dis...
2022.05.20 Demurrer to FAC 420
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.05.20
Excerpt: ...reclosure proceedings commenced, the wrong entity was calling the shots (see Opp.Brf. 10:25). Before the Court are brought by all the parties who have generally appeared in the action demurrers to the operative First Amended Complaint: (1) Henry and Julie Martinez, the putative BFPs who currently own the subject property. They have demurred to the Third (wrongful foreclosure), Fourth (cancellation of instruments), Fifth (slander of title) and Sev...
2022.05.06 Motion for Interpleader Discharge 773
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.05.06
Excerpt: ...ved a claim from Global Discoveries, as assignee of Stephen Alongi, a party in interest. Based on the information provided, County rejected the claim from Global Discoveries, concluding that the information provided did not establish that Stephen Alongi was in fact a party in interest as defined by R&T Code §4675. Global Discoveries modified its claim, contending that its assignee was at least entitled to a 1/3 intestate succession interest in t...
2022.05.06 Motion for Good Faith Determination 103
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.05.06
Excerpt: ...his end, parties who settle disputes in good faith are immunized from claims for equitable indemnity or contribution. (CCP §877.6(c).) There is no precise yardstick for measuring “good faith,” but it must harmonize the public policy favoring settlements with the competing public policy favoring equitable sharing of costs among co‐obligors. At a minimum, the settlement must be within the reasonable range (aka “ballpark”) of the settling...
2022.04.29 Motion to Strike 976
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.04.29
Excerpt: ...filed 03/22/22). Although this Court understands plaintiff's concerns regarding piecemeal and renewed adjudication motions, the solution is not a preemptive strike since such motions are permitted under various circumstances too myriad to decide in a vacuum. (See CCP §437c(f)(2); in accord, Marshall v. County of San Diego (2015) 238 Cal.App.4th 1095, 1104‐1106 [trial court has inherent authority to permit successive summary adjudication motion...
2022.04.29 Demurrer 752
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.04.29
Excerpt: ...y Counsel Kara M. Frank concerning a meet and confer discussion with plaintiff. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein), or from matters outside the pleading which are judicially noticeable.(CCP §§ 425.10(a), 459; in accord, Blank v. Kirwan (1985) 39 C...
2022.04.15 Motion for Entry of Judgment 587
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.04.15
Excerpt: ...ded answer, no amended answer appears in the Court file. However, also missing from the Court file is any proof that plaintiff served defendant with notice of the Court's Order. (See CCP §1019.5(a): “when a motion is granted or denied, unless the court otherwise orders, notice of the court's decision or order shall be given by the prevailing party to all other parties”). As such, there is no competent proof that the time to file an amended a...
2022.04.08 Motion for Leave to File FAC 940
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.04.08
Excerpt: ...473(a)(1).) Pursuant to CRC 3.1324, the moving party must specify in the moving papers by page, paragraph, and line number the allegations proposed to be added and/or deleted; and include with the moving papers a copy of the proposed amended pleading and a declaration specifying the effect of the amendment(s); why the amendment is necessary and proper; when the facts giving rise to the amended allegations were discovered; and the reasons why the ...
2022.04.08 Demurrer 540
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.04.08
Excerpt: ...sue of law regarding the sufficiency of the allegations set forth in the complaint. The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein), or from matters outside the pleading which are judicially noticeable. In general, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with sufficient detail to ...
2022.03.18 Motion to Compel Production of Docs 151
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.03.18
Excerpt: ...defendant Ronald Parker to produce at his deposition documents responsive to the following categories: • No. 11: “All non‐privileged writings relating to your responsibility for the subject brush fire at issue in this action on July 12, 2017.” • No. 13: “All non‐privileged writings relating to your claims against MAT Holdings, Inc. in this action.” • No. 19: “All writings which support defendant's denial of liability for the i...
2022.03.18 Motions to Compel Further Responses 854
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.03.18
Excerpt: ... appointed.) The first motion involves a request for production of all communications concerning the subject property between plaintiff and Tanko Well Drilling (No. 10), Dave's Plumbing (No. 11), AL Guy Jordan Company (No. 13), Mark Lawrence Baymiller (No. 15), Life Safety Fire Protection (No.17), American Gutter Solutions (No. 18), and WeatherbyReynolds Consulting Engineers, Inc. dba Weatherby‐Reynolds‐Fritson Engineering (No. 19). For each,...
2022.03.04 Motion to Strike Punitive Damages and Irrelevant Averments 708
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.03.04
Excerpt: ...ceipt of any opposition to the motion. Contrary to popular belief, there is no true heightened pleading requirement for a punitive damage prayer based on malice or oppression (as there is for fraud). However, conclusions of law without factual support are insufficient to withstand pleading attack. (See Curcini v. County of Alameda (2008) 164 Cal.App.4th 629, 650; Smith v. Superior Court (1992) 10 Cal.App.4th 1033.) In the context of a non‐inten...
2022.03.04 Motion to Quash Service of Summons 752
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.03.04
Excerpt: ...oof of Service indicating that Ian Braman was personally served with the summons and complaint on 01/04/22 at 3:00 p.m. at his workplace. However, defendant advises that the service package was in fact left with a co‐ worker (Kathy Bandy) because defendant was on the phone. Defendant admits to receiving the service package within 10 minutes of its delivery to the office, and further admits that he went to greet the process server in the lobby, ...
2022.03.01 Motion to Intervene in Putative Class Action 460
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.03.01
Excerpt: ...o promote fairness by involving all parties potentially affected by a judgment. Intervenors here claims to be potential members of a class based on the operative allegations, but are concerned that their interests are not being adequately protected by the current class representatives. According to intervenors, the current class representatives and class counsel “propose to take the case in a different direction [and] are neither committed nor ...
2022.02.25 Motion for Terminating Sanctions 854
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.02.25
Excerpt: ..., objection‐free responses” to form interrogatories, special interrogatories, and requests for production of documents. Although plaintiffs missed the stated deadline for doing so, counsel explains that he succumbed to COVID and was innocently delayed in serving what has now been served. He further points out that even a hint of a meet and confer would have revealed counsel's plight. Further, in the interests of justice and judicial economy, ...
2022.02.25 Demurrer to SAC 103
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.02.25
Excerpt: ...action set forth in the operative Second Amended Complaint. The pleading is very challenging to navigate, due in large part to plaintiffs' reference to defendants by multiple code names. With regard to the Second (nuisance), Fifth (fiduciary duty), and Tenth (implied warranty) causes of action, defendants contend that these common law claims are displaced (aka preempted) by the statutory Right to Repair Act. The California Supreme Court, in McMil...
2022.02.25 Application for Preliminary Approval of Class Action Settlement 611
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.02.25
Excerpt: ...rt this day is the initial hearing on plaintiff's application for provisional certification of a class, preliminary approval of class settlement, and approval of a PAGA settlement. The gross settlement amount (“GSA”) is $170,000.00, which is intended to cover an unknown number of non‐exempt hourly employees suffering one of many wage/hour violations. This is a non‐reversionary settlement (meaning nothing goes back to the defendant). The p...
2022.02.04 Motion to Compel Further Responses 319
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.02.04
Excerpt: ...duction of the report requested, plaintiffs are correct that the varying responses are inconsistent and permit ambiguity. A party responding to an RPD is obligated to provide a response which mirrors one of these three responses: (1) a verified statement of compliance, which includes the actual documents (organized and labeled or as they are kept in the usual course of business) or a clear indication as to when and how the documents will be provi...
2022.02.04 Motion for Leave to File FAC 940
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.02.04
Excerpt: ...CCP §473(a)(1).) Pursuant to California Rules of Court, Rule 3.1324, the moving party must: a) Specify in the moving papers by page, paragraph, and line number the allegations proposed to be added and/or deleted; and b) Include with the moving papers: ▪ a copy of the proposed amended pleading; and ▪ a declaration specifying: (1) the effect of the amendment(s); (2) why the amendment is necessary and proper; (3) when the facts giving rise to t...
2022.02.04 Demurrer 077
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.02.04
Excerpt: ...nty Superior Court Case No SCV260362 (hereinafter “Judgment”) for the amount of $965,000.00. On 01/10/19, defendant Rose Ortiz and Dan Riordan executed an Assignment of Equity in favor of plaintiff, pledging “in reduction of that certain Judgment all right title and interest in any and all equity which they may hold in 2235 Skunk Ranch Road, Murphys.” It is alleged that Rose Ortiz owned the property, and that Dan Riordan had some equitabl...
2022.01.28 Motion to Set Aside Entry of Default 585
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.01.28
Excerpt: ...t. The motion is GRANTED. Plaintiff reportedly effectuated service of the summons on The Resort at Lake Tulloch, LLC, by leaving a copy of the service package with an unidentified male answering the door at 1034 E. Belmont Abbey Lane, Claremont, CA 91711‐1463. According to the POS, this was an attempt to sub‐serve the agent for service of process. The POS indicates that the address where service occurred was a home, not a business. Pursuant t...
2022.01.28 Demurrer to Petition, Motion for Writ of Mandate 707
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.01.28
Excerpt: ...hether it was extended pursuant to statute. The County deemed the map expired, and thus unavailable to record. The planning commission denied petitioner's appeal, as did the Board of Supervisors. Before the Court first is respondent's demurrer to the Petition. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. The challenge is limited to the “four corners” of the pleading (which includ...
2022.01.14 Demurrer to Third Amended Petition 171
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2022.01.14
Excerpt: ...e time (see Minute Order dated 07/02/21), and at that time found “a reasonably possibility that Petitioner can state a good cause of action.” However, since that time, an interesting wrinkle has come to light necessitating further briefing. On 05/07/19, 82% of the qualified electorate approved Appaloosa Road Community Services District Measure B, which increased the annual parcel tax in the Appaloosa Zone from $75 to $175. The ballot itself i...

227 Results

Per page

Pages